In April 1991, the FDA issued a final rule requiring the filing of a premarket approval application prior to the commercial distribution of a silicone breast implant (56 Fed. Reg. 14,621 (1991)). As a result, silicone gel implant manufacturers withdrew their products from the market; none submitted to the rigorous premarket approval process. In April 1992, the FDA further restricted the use of silicone implants to clinical trials and reconstructive surgery.Google Scholar

No foreign manufacturers are included in the settlement. Additionally, the settlement agreement has brought claims that the agreement is unfair to potential foreign plaintiffs because, while the preregistration process only affects the amounts that American claimants can receive, foreign claimants are precluded from recovery unless they register. The Eleventh Circuit Court of Appeals is presently considering the merits of this issue.Google Scholar

It is estimated that over 12,000 women opted out of the settlement, with more than 60 percent of them residing in Texas, a jurisdiction that has recently seen several favorable plaintiffs’ verdicts.Google Scholar

1994 WL 578353 at *7.Google Scholar

Feldman, Paul, “Prop. 187 Sponsors Blame Foes for Illegal Immigrants’ Fears Over Seeking Health Care,” Los Angeles Times, Nov. 26, 1994, at 33A.Google Scholar

Daily Report for Executives, “Health Care, California Votes to Deny Health Care to Illegal Immigrants,” Nov. 10, 1994, at A216.Google Scholar

“Fearful Aliens in California Staying Away from Clinics,” New York Times, Nov. 12, 1994, at 9.Google Scholar

Romney, Lee Marquis, Julie, “Activists Cite Boy's Death as First Prop. 187 Casualty,” Los Angeles Times, Nov. 23, 1994, at 1A.Google Scholar

See Daily Report, supra note 2, at 9.Google Scholar

Romney, Marquis, , supra note 4.Google Scholar

Plyler v. Doe, 457 U.S. 202 (1982).Google Scholar

Id. at 221.Google Scholar

Id. at 210–11.Google Scholar

Id. at 216–17, 225.Google Scholar

Feldman, Paul Connell, Rich, “Wilson Acts to Enforce Parts of Prop. 187,” Los Angeles Times, Nov. 10, 1994, at 1A.Google Scholar

Plyler v. Doe, supra note 9, at 227.Google Scholar

Id. at 225–26Google Scholar

Feldman, , supra note 1, at 33A.Google Scholar

See League of United Latin American Citizens v. Wilson (CD. Cal. 94-7569-MRP); Gregorio T. v. Wilson (C.D. Cal. 94–7652); and Children Who Want To Go To School v. Wilson (CD. Cal. 94-7570).Google Scholar

“California: Federal Court Blocks Most of California Proposition,” B. Health Law Rep., 3 (1994): 49.Google Scholar

See Daily Report, supra note 2, at 9.Google Scholar

See McDonnell, Patrick, “Health Clinics Report Declines After Prop. 187,” Los Angeles Times, Nov. 26, 1994, at 1A.Google Scholar

National Organization for Women v. Operation Rescue, 37 F.3d 646, 648–49 (D.C. Cir. 1994).Google Scholar

Id at 649.Google Scholar

On January 26, 1990, a district court issued a permanent injunction; subsequently, on July 31, 1990, it issued a revised permanent injunction. In 1993, various health care facilities successfully sought enforcement of the permanent injunction. See National Organization for Women v. Operation Rescue, 747 F. Supp. 760, 661 (D. D.C. 1990); and National Organization for Women v. Operation Rescue, 816 F. Supp. 729, 736–37 (D. D.C. 1993).Google Scholar

National Organization for Women v. Operation Rescue, 37 F.3d 646, 649 (1994).Google Scholar

Id. at 654.Google Scholar

Madsen v. Women's Health Center, Inc., 114 S. Ct. 2516, 2528 (1994). See also Smith, Paul C., “Madsen v. Women's Health Center, Inc.,” J. L. Med, & Ethics, 22 (1994): 292–93.Google Scholar

National Organization for Women v. Operation Rescue, 37 F.3d 646, 655 (1994).CrossRefGoogle Scholar

Madsen, 114 S. Ct. at 2526.Google Scholar

National Organization for Women, 37 F.3d at 655 (quoting Madsen, 114 S. Ct. at 2526).Google Scholar

Lloyd Corp. v. Tanner, 407 U.S. 551, 568 (1972).Google Scholar

Id at 656, 649, 655.Google Scholar

Brandenburg v. Ohio, 395 U.S. 444, 447 (1969).Google Scholar

Madsen, 114 S. Ct. at 2524 (quoting Califano v. Yamasaki, 442 U.S. 682, 702 (1979)).Google Scholar

National Organization for Women v. Operation Rescue, 37 F.3d at 657–58.Google Scholar

Id at 658.Google Scholar